Federalism, Reserved and Denied Powers, and the Marshall Court

Federalism and the Constitution

• Federalism = power divided between national (federal) government and state governments, with some powers shared (concurrent).
• National government has enumerated powers; states retain reserved powers; some powers are denied to both or limited by checks and balances.
• Relationship evolved over time from state-centered to a stronger national government via court decisions and constitutional debates.

The Tenth Amendment and Reserved Powers

• The Tenth Amendment (as part of the Bill of Rights) expresses the idea that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
• Practical implication: many areas are left to states to regulate, such as education, licensing (contractors, doctors, lawyers), and public health.
• Examples discussed:
  • Education is reserved to the states; thus, states run state colleges and set education policy, while the federal government can influence education via funding (e.g., Pell Grants) or programs.
  • Licensing of professionals (doctors, lawyers) is state-regulated; cross-border practice requires state-specific licenses (e.g., Oklahoma lawyer wanting to practice in Kansas needs Kansas licensure).
  • Public health is not enumerated in the Constitution; thus it is largely a state responsibility, leading to differences across states (e.g., during COVID-19).
• Core idea: the tenth amendment helps explain why states retain significant sovereignty in many domains, while the national government may indirectly influence them through funding or mandates.

Denied Powers and Federalism Checkpoints

• Denied to states (and in some cases defined federally) include:
  • Coining money is denied to the states; only the national government can issue currency.
  • Ex post facto laws (laws punishing conduct retroactively) are prohibited at the national level; similarly, states are restricted.
  • Bills of attainder (laws that punish without a judicial process) are prohibited.
  • Interstate compacts require national approval; states cannot unilaterally bind the nation to foreign or interstate agreements.
• Purpose: prevent states from acting unilaterally in ways that could undermine national unity, security, or the common market.
• Note on “ex post facto” and “bills of attainder”: these protections reflect concerns about individual rights and due process rooted in European history; keeping them out of federal action protects citizens from retroactive or arbitrary punishment.
• Practical reflection: even when these powers are denied, states often act in ways that touch foreign or national issues; the next sections explain how the national government can still influence state policy through other constitutional mechanisms.

Full Faith and Credit, and the Recognition of State Judgments

• Full Faith and Credit Clause: states must recognize and enforce the public acts, records, and judicial proceedings of other states.
• Practical implication: marriages recognized in one state are generally recognized in others; likewise, divorce judgments and other legal determinations are respected across state lines.
• Historical context: before nationwide legalization of same-sex marriage, conflicts arose when a couple married in a legal state moved to a non-legal state; they could sue to enforce recognition under the full faith and credit clause.
• Significance: helps maintain legal consistency across the United States, supporting interstate mobility and the legitimacy of legal documents and credentials across states.

Shared and Concurrent Powers

• Shared powers (concurrent powers) include taxation and other regulatory activities where both levels of government can act simultaneously or cooperatively.
• In practice: both national and state governments tax citizens, regulate commerce, and administer programs, sometimes leading to overlapping or coordinated policies.
• The presence of concurrent powers is a key feature of federalism, requiring cooperation, negotiation, and sometimes legal adjudication when conflicts arise.

Policing, Public Safety, and National vs. State Roles

• Policing is primarily a state and local function; federal policing exists but with a limited scope.
• Practical reality: most traffic tickets and everyday enforcement come from state or local officers; federal law enforcement typically handles national security, interstate criminal activity, or cross-border issues.
• Contemporary debates: national scope policing and federal interventions have been prominent in media; examples include discussions about federal involvement in cities, calls for national strategies, and the tension between federal and state authority.
• Key takeaway: policing powers illustrate the division between state authority and federal authority, and the ongoing debates about where the line should be drawn in practice.

Educational, Economic, and Public Health Implications

• Education policy is fundamentally state-centered, with federal influence primarily through funding and national programs (e.g., Pell Grants). This creates a blended system where federal money and programs shape state policies without abolishing state control.
• Public health policy demonstrates interstate and federal interactions: states can implement their own health mandates, while federal guidance or funding can harmonize or incentivize practices; during emergencies (like COVID-19) these differences become highly visible.
• Licensing (contractors, doctors, lawyers) remains state-regulated but can be affected by federal laws and interstate recognition arrangements, requiring states to coordinate for cross-border practice.

Interstate Compacts, Ex Post Facto, and Bills of Attainder in Practice

• Interstate compacts: denied for states to act unilaterally in matters that should be handled by the national government; any inter-state agreement with other states or foreign nations needs congressional approval.
• Ex post facto and bills of attainder: constitutional protections intended to curb arbitrary or retroactive punishment and to safeguard due process.
• Real-world reflections: these provisions are tested in crises and political debates, prompting scrutiny of government actions and the need to balance national security with civil liberties.

The Origins of National Power: The Marshall Court and the National Supremacy Period

• Early constitutional design: initially, states held substantial power; the Constitution included relatively limited explicit state restrictions and a broader framing of federal powers.
• Transition to national supremacy: under Chief Justice John Marshall (early to mid-19th century), the Supreme Court case law expanded federal power, reinforcing national authority over the states in key areas.
• Notable cases and implications:
  • McCulloch v. Maryland (1819): Maryland attempted to tax the National Bank; the Supreme Court ruled that the federal government had the power to establish a national bank and that states could not tax it, invoking the Supremacy Clause and the Necessary and Proper Clause. This case established federal supremacy and the implied powers of Congress.
  • Gibbons v. Ogden (1824): dispute over state-granted monopoly for steamboat navigation; the Court held that Congress has broad authority to regulate interstate commerce, including navigation on interstate waters, under the Commerce Clause, reinforcing national power over interstate economic activity.

Core Constitutional Provisions Underpinning Federalism

• Tenth Amendment (reserved powers):
  • The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
• Supremacy Clause (Article VI, Clause 2):
  • The Constitution, and the laws of the United States which shall be made in pursuance thereof, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding.
  • Formal implication: when federal and state laws conflict, federal law prevails.
• Necessary and Proper Clause (Elastic Clause):
  • Congress has the power to make all laws which shall be necessary and proper for carrying into execution the enumerated powers.
  • This clause supports implied powers used to justify broader federal authority (e.g., creation of a national bank).
• Commerce Clause:
  • Congress has power to regulate commerce with foreign nations, among the several states, and with Indian tribes.
  • This basis has been central to expanding federal regulatory authority over economic activities crossing state lines.

Contemporary Reflections and the Ongoing Federalism Dialogue

• The historical trajectory from state-centered power to a stronger national government shows how legal interpretations, political needs, and societal changes influence the balance of power.
• Current debates often focus on tensions between national policy goals (e.g., public health, national security, education funding) and state sovereignty (e.g., states’ rights, experimentation, and local control).
• For exams: be able to identify which powers are reserved to states, which are shared, and which are exercised by the national government; know key examples and major cases that illustrate shifts in federalism; understand how the Constitution’s structural provisions (Tenth Amendment, Supremacy Clause, Necessary and Proper Clause, and Commerce Clause) shape these dynamics.

Quick recap of key terms and cases

• Full Faith and Credit Clause: recognition of state judgments and records across state lines.
• Tenth Amendment: reserved powers for states and people.
• Interstate compacts: requires federal approval; states cannot unilaterally bind the nation.
• Ex post facto: prohibition on retroactive criminal laws.
• Bills of attainder: prohibition on punishments without trial.
• Supremacy Clause: federal law supersedes state law when conflicts arise.
• Necessary and Proper Clause: enables Congress to enact laws needed to execute enumerated powers.
• Commerce Clause: broad basis for federal regulation of interstate commerce.
• McCulloch v. Maryland (1819): reinforced national supremacy and implied powers via the Bank case.
• Gibbons v. Ogden (1824): reinforced federal control over interstate commerce.

ext{Supremacy Clause: } orall Ls ext{ (state law)}, ext{ if } Ln ext{ conflicts with } Ls ext{ then } Ln ext{ prevails.}
$ext{Commerce Clause (as used in cases): } \text{Congress has power to regulate commerce with foreign nations, among the states, and with Indian tribes.}$
$ext{Necessary and Proper Clause: } \text{Congress may make all laws necessary and proper to execute the foregoing powers.}$
$ext{Tenth Amendment: } \text{The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.}$